West Conshohocken City Zoning Code
ARTICLE XVII
Zoning Hearing Board
§ 113-113 Appointment.
The Borough Council shall appoint a Zoning Hearing Board consisting of three members. The Borough Council shall designate one such member to serve until the first day of January following the effective date of this chapter, one until the first day of the second January thereafter and one until the first day of the third January thereafter; shall appoint three successors on the expiration of their respective terms to serve three years; and shall fill any vacancy for the unexpired term of any member whose term becomes vacant. The members of the Zoning Hearing Board shall be removable for cause by the Borough Council, upon written charges and after a public hearing. The word "Board" when used in this article shall mean the Zoning Hearing Board.
§ 113-114 Powers and duties.
The Board shall have the following powers:
A.
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.
B.
To hear and decide special exceptions to the terms of this chapter in such cases as are herein expressly provided for, in harmony with the general purpose and intent of this chapter, with power to impose appropriate conditions and safeguards.
C.
To authorize, upon appeal, in special cases, such variance from the terms of this chapter as the Board shall feel will not be contrary to the public interest and the spirit of this chapter where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship or injustice.
§ 113-115 Appeals to Board.
In exercising the above-mentioned powers, the Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as sought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken. Notice of the Board's decision shall forthwith be mailed to the applicant, the property owner and other interested parties.
§ 113-116 (Reserved) [1]
[1]
Editor's Note: Former § 113-116, Rules of procedure, was repealed 4-8-2003 by Ord. No. 03-04, approved 4-8-2003.
§ 113-117 (Reserved) [1]
[1]
Editor's Note: Former § 113-117, Meetings, was repealed 4-8-2003 by Ord. No. 03-04, approved 4-8-2003.
§ 113-118 (Reserved) [1]
[1]
Editor's Note: Former § 113-118, Notice of hearings, was repealed 4-8-2003 by Ord. No. 03-04, approved 4-8-2003.
§ 113-119 (Reserved) [1]
[1]
Editor's Note: Former § 113-119, Decision of Board, was repealed 4-8-2003 by Ord. No. 03-04, approved 4-8-2003.
§ 113-120 Standards for review of variances or special exceptions.
[Amended 1-10-2006 by Ord. No. 06-02, approved 1-10-2006]
In any instance where the Zoning Hearing Board is required to consider a variance or special exception from this chapter in accordance with the provisions of this chapter, the Zoning Hearing Board shall consider, among other things:
A.
Consider the suitability of the property for the use desired and determine whether the proposed change is consistent with the spirit, purpose and intent of this chapter and Comprehensive Plan.
B.
Determine that the proposed change will not substantially injure or detract from the use of the neighboring properties or from the character of the neighborhood and that the use of the adjacent properties are adequately safeguarded.
C.
Determine that the proposed change will serve the best interest of the Borough of West Conshohocken.
D.
Consider the effect of the proposed change upon the logical, efficient and economical extension of public services and facilities such as public water, sewers, police, fire protection and public schools.
E.
Consider the suitability of the proposed location of use with respect to probable effects upon highway traffic and assure adequate access arrangements in order to protect major roads from undue congestion and hazard.
F.
Be guided in its study, review and recommendation by sound standards of subdivision and land development practice where applicable.
G.
Imposing such conditions and safeguards in addition to those required which are necessary to assure compliance with the intent of this chapter and the Comprehensive Plan. Such conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements and adequate standards of parking, loading and sanitation.
H.
In all applications for variances and special exceptions, the Board shall examine the effect of the proposed use or expansion of an existing use on the demands for parking in the Borough. The Zoning Hearing Board shall evaluate the necessity of providing off-street parking regardless of whether off-street parking is required by the Code. The Zoning Hearing Board shall require the applicants to present testimony regarding the effect of the proposed use on parking problems in the Borough.
I.
In the case of a special exception, the burden is upon the applicant to prove that the proposed use or the expansion of an existing use will not exacerbate the parking problems that exist in the Borough at that time.
J.
In a special exception case, the applicant shall have the burden of establishing by competent evidence and testimony that the application falls within the provisions of this chapter which accords to the applicant the right to seek a special exception, and that the allowance of the special exception will not be contrary to the public interest,
K.
In a variance case, the applicant shall have the burden of establishing by competent evidence and testimony the criteria required by the Pennsylvania Municipalities Planning Code for the granting of a variance and that the literal enforcement of the provisions of this chapter will result in unnecessary hardship as that term is defined by relevant statutory provisions and current case law. The applicant seeking a variance will also have the burden of establishing that the allowance of a variance will not be contrary to the public interest.
L.
In considering whether the allowance of a special exception or variance is contrary to the public interest, the Zoning Hearing Board shall consider whether the application, if granted, will:
(1)
Substantially increase traffic congestion in the streets surrounding the subject site.
(2)
Increase the risk of fire or panic or otherwise endanger the public safety.
(3)
Overcrowd the land or create undue concentration to population.
(4)
Be suitable for the property in question so as to be consistent with the spirit and purpose of the provisions of this chapter.
(5)
Intrude upon the adequacy of natural light and air to adjoining properties.
(6)
Create extraordinary burdens on public, private or community water systems or upon groundwaters or wells within the neighborhood.
(7)
Overburden the public sanitary sewer system or present other environmental problems for the area.
(8)
Place undue burdens on the police, fire, ambulance or other emergency services provided throughout the neighborhood.
(9)
Cause adverse effects to the appropriate use to the adjacent properties in the neighborhood where the property is located.
(10)
Cause adverse impacts due to its building, parking areas, loading areas, outdoor activity areas, light sources, trash areas, storage areas and other potential nuisances to abutting properties and the neighborhood as a whole.
(11)
Cause risk or damage to the safety of persons or property by improper location or design of facilities for ingress and egress to or from the property in question.
(12)
Cause negative impacts to any rivers, streams, ponds, floodplains, wetlands, parklands, groundwater, vegetation, steep slopes, air and ground.
(13)
Overburden the street parking in the area.
(14)
Otherwise adversely effect the public safety, health, morals and general public welfare of the community.
§ 113-121 (Reserved) [1]
[1]
Editor's Note: Former § 113-121, Advisory review by Planning Commission, was repealed 4-8-2003 by Ord. No. 03-04, approved 4-8-2003.
§ 113-122 (Reserved) [1]
[1]
Editor's Note: Former § 113-122, Technical assistance, was repealed 4-8-2003 by Ord. No. 03-04, approved 4-8-2003.
§ 113-123 Expiration of special exceptions and variances.
[Amended 4-8-2003 by Ord. No. 03-04, approved 4-8-2003]
Unless otherwise specified by the Board, a special exception or variance shall expire if the applicant fails to obtain a building permit within one year of the date of authorization thereof.
§ 113-124 (Reserved) [1]
[1]
Editor's Note: Former § 113-124, Appeal to court, was repealed 4-8-2003 by Ord. No. 03-04, approved 4-8-2003.
§ 113-125 Fees.
Application before the Zoning Hearing Board as is provided in Article XVI shall be accompanied by a cash payment to the Borough in accordance with a fee schedule adopted by resolution of the Zoning Hearing Board and approved by the Borough Council following the enactment of this chapter, or as such schedule may be amended by resolution of the Zoning Hearing Board and approved by the Borough Council.